Sued by a debt collector in Arizona

In Arizona you usually have about 20 days to answer a debt lawsuit. Here is what happens if you don't, how an old debt can be a defense, what can be taken if you lose and what to do now.

Short answer

Arizona's deadline is shorter than in most states, so act fast. 20 days after you are served (30 days if you were served outside Arizona), in justice court and superior court (Arizona Rules of Civil Procedure, per Pima County Justice Courts). If you do not file a written answer in time, the collector can ask the court for a default judgment. If the debt is older than Arizona's time limit (6 years for written contracts), that can be a defense.

Time to answer
20 days
Time limit to sue (written contract)
6 years
Court self-help
Official page

The answer deadline in Arizona

Time to answer
20 days after you are served (30 days if you were served outside Arizona), in justice court and superior court (Arizona Rules of Civil Procedure, per Pima County Justice Courts).
Court self-help
Arizona court self-help (official)

Arizona gives 20 days, shorter than most of our 48 state guides (14 to 30 days).

In nearby states

What a default means in Arizona

If you do not file a written answer in time, the collector can ask the court for a default judgment. That judgment can then be used to garnish your wages or bank account.

Good to know before court in Arizona

  • A collection agency's letters may not look like court papers, misstate what you owe, threaten to sell your debt, or use a lawyer's name when no lawyer is involved (A.R.S. § 32-1051(4)).
  • Interest on medical debt, including medical debt judgments, is capped at 3% a year or the 1-year Treasury rate, whichever is lower (A.R.S. § 44-1201(A)(1)).

What can be taken if you lose in Arizona

  • Wage limit: Stricter than federal: no more than 10% of your disposable earnings, or the amount above 60 times the highest applicable (federal, state or local) minimum hourly wage per week, whichever is less.
  • Bank account: $5,000 in one account at one financial institution, adjusted each January 1 for inflation since 2024.
  • Property: Your home equity is protected up to $400,000, and equity in one vehicle up to $15,000 ($25,000 if you or a dependent has a physical disability).

Arizona's garnishment rules

Old debts as a defense in Arizona

Arizona's time limit to sue is 6 years for written contracts and 3 years for open accounts (A.R.S. § 12-548(A) (6 years: debt based on a written contract made in Arizona, or on a credit card; shown as the written-contract limit); § 12-543 (3 years: debt not based on a written contract, and stated or open accounts; shown as the open-account limit); § 12-508). On whether a payment restarts the clock in Arizona: Once the deadline has passed, an acknowledgment of the debt only counts if it is in writing and signed by you (A.R.S. § 12-508). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Check Arizona's statute of limitations

Suing a collector who breaks the rules in Arizona

The licensing law does not spell out a right for you to sue. You can sue under the federal FDCPA. The Arizona Attorney General says a private person may also sue under the Arizona Consumer Fraud Act (A.R.S. § 44-1521 et seq.) within one year.

Steps after a debt lawsuit in Arizona

  1. Make sure the lawsuit is real

    Call or search the court yourself; don't use contact details from the papers.

  2. Note the answer date

    In Arizona: 20 days after you are served (30 days if you were served outside Arizona), in justice court and superior court (Arizona Rules of Civil Procedure, per Pima County Justice Courts).

  3. Send in your answer

    Give the answer to the clerk and send a copy to the other side's lawyer. Start with Arizona court self-help (official).

  4. Check every defense

    Is it yours, is the amount right, did you pay, is it older than Arizona's 6 years for written contracts?

  5. Go to every hearing

    Bring your papers. Meanwhile you can still send a dispute letter to make the collector prove the debt.

Free legal and consumer help in Arizona

Questions about debt lawsuits in Arizona

How long do I have to answer a debt lawsuit in Arizona?

20 days after you are served (30 days if you were served outside Arizona), in justice court and superior court (Arizona Rules of Civil Procedure, per Pima County Justice Courts).

Can a collector win by default in Arizona?

If you do not file a written answer in time, the collector can ask the court for a default judgment. That judgment can then be used to garnish your wages or bank account.

Is an old debt a defense to a lawsuit in Arizona?

Arizona's time limit to sue is 6 years for written contracts and 3 years for open accounts (A.R.S. § 12-548(A) (6 years: debt based on a written contract made in Arizona, or on a credit card; shown as the written-contract limit); § 12-543 (3 years: debt not based on a written contract, and stated or open accounts; shown as the open-account limit); § 12-508). Federal rules bar a collector from suing, or threatening to sue, on a time-barred debt (12 CFR 1006.26(b)).

Related Arizona pages